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The application site is Flat 3 Harbour View, 3 Derby Road, Ramsey. The property is a three storey property which is located on the north side of Derby Road and adjacent to the roundabout junction with Bowring Road.
The application site is within an area of town centre use under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area.
Retention of balcony - 07/00680/R – REFUSED at appeal for the following reason:-
The balcony structure, by virtue of its proximity, height and projection would have an adverse impact on the adjoining dwellings Apartment 1 and Apartment 4 to the detriment of residential amenity and thereby would be un-neighbourly and unacceptable.
Conversion of ground floor shop to flat – Shop, 3 Derby Road, Ramsey (02/01965/B) – APPROVED
Conversion of garage to create additional living accommodation - Apartment 1, Harbourside Apartments, Derby Road, Ramsey. AMENDED PLAN (99/01176/B) - APPROVED
Conversion of second floor into self-contained flat, 1 Harbour View, Derby Road, Ramsey (92/01116/B) - REFUSED
Development to create private residential accommodation with existing shop, Builders Yard, Derby Road, West Quay, Ramsey (90/00838/B) - APPROVED
Development of site to create retail, office, launderette and residential accommodation, Builders Yard, Derby Road, Ramsey (89/01719/B) - REFUSED
Approval in principle to develop site to provide shops and office accommodation, garages and 5 flats over, Builders Yard, Derby Road, West Quay, Ramsey (89/00031/A) - REFUSED
PROPOSAL The application proposes the installation of a Juliette balcony.
Ramsey Town Commissioners advise that they have no objection Magnatek Limited, R/O Shannon Court, Bowring Road, Ramsey write on behalf of the owners of the owners of the six apartments at Harbourside to object to the planning application, which can be summarised as, the development is already too much intrusive onto out property from our neighbours.
It is considered that the relevant issue with this application is regarding the potential overlooking resulting in a loss of privacy to the detriment of residential amenity of the neighbouring properties within the Harbourside apartment complex.
Juliet Balconies in themselves do not introduce any overlooking; they merely provide a safety aspect for the occupiers to use the double doors etc, which give the possibility of overlooking. The installation of the Juliet Balcony will not result in the same adverse impacts through overlooking, compared to the previous scheme which was for a balcony, as a balconies produce additional floor area for a person to sit or stand, whilst the proposal does not produce addition floor area, but produces a more pleasant outlook for the occupier within the dwelling. The Previous Planning inspector states; "True there is limited overlooking from the windows of the appeal flat but balconies by their nature not only bring that source closer but enhance the perception of being overlooked to a greater extent than from a window."
Consideration needs to be taken, that prior to the double door being installed, there was a dormer window in place, the same type and size which currentiexisting adjacent to the this window. It could therefore be argued as there was a window in this location, that overlooking already existed to some extent and that the installation of a Juliet Balcony, would not result in a significant amount of overlooking, as a person could look out either through the window or the proposed Juliet balcony/double door. The Juliet Balcony does introduce the potential for more overlooking to occur as it would be more likely for the occupier to sit near the balcony, looking out to the east of the site, more likely towards Ramsey Harbour. This would probably not occur if the exiting window was still installed, as a person sitting would probably not be able to see out over the window cill. However, it is considered that whilst the proposal would give raise to slightly more potential of overlooking compared to the previous window, it is not considered the proposal would significantly increase overlooking to the detrainment of the residential amenity of the neighbouring properties, compared to a balcony, as proposed in the previous scheme which was refused.
For these reasons the proposal would be appropriate in this location and therefore it is recommended the application be approved.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: The Ramsey Commissioners Highways Division Magnatek Limited, R/O Shannon Court, Bowring Road, Ramsey
Recommended Decision: Permitted
Date of Recommendation: 16.04.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the Juliet balcony as proposed in the submitted documents and drawing 01 all received on 4th February 2008.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date :
Signed : Mrs F Mullen Senior Planning Officer
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